should be noted, however, that a registrant is not relieved from liability for training and service by virtue of any prior service in the Navy or Marine Corps, and this without regard to the duration of such prior service.

(g) Aliens

Any registrant who is an alien (including a citizen of the Philippine Commonwealth) and who has not on file with the Federal Immigration and Naturalization Service a valid declaration of intention to become a citizen of the United States (first papers), shall be placed in Class IV-C (par. 359).

(h) Ministers and Theological Students

Any registrant who is a regular or duly ordained minister of religion or who is a student preparing for the ministry in a theological or divinity school, recognized as such for more than one year prior to the date of enactment of the act (Sept. 16, 1940), shall be exempt from training and service (sec. 5d; par. 360). The placing of ministers and theological students in Class IV-D is merely a matter of convenient procedure and does not change the provisions exempting them from training and service.

A "regular minister of religion" is a man who customarily preaches and teaches the principles of religion of a recognized church, religious sect, or religious organization of which he is a member, without having been formally ordained as a minister of religion and who is recognized by such church, sect, or organization as a minister.

A "duly ordained minister of religion" is a man who has been ordained in accordance with the ceremonial ritual or discipline of a recognized church, religious sect, or religious organization to teach and preach its doctrines and to administer its rites and ceremonies in public worship and who customarily performs those duties.

(i) Conscientious Objectors

The provisions dealing with the rights of conscientious objectors are designed to afford complete protection in all cases of proper claims for exemption on the grounds indicated (sec. 5g).

C. SELECTION AND INDUCTION

1. Authority and Procedure in General

The President has the power, regardless of whether a state of war exists, to select and induct into the land and naval forces of the United States for training and service such number of men as in his judgment is required for such forces in the national interest, but except in time of war there shall not be in active training and service in the land forces at any one time more than 900,000 inductees nor shall any be inducted until adequate provisions shall have been made for such shelter, sanitary facilities, water supplies, heating and lighting arrangements, medical care and hospital accommodations, as may be determined by the Secretary of War or the Secretary of the Navy to be essential to public and personal health (sec. 3a), nor any greater num

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ber be inducted than Congress shall make specific appropriation for (sec. 6).

The selection for training and service of men who are physically and mentally fit and acceptable to the land or naval forces (sec. 3a) is made in an impartial manner and without discrimination against any person on account of race or color (sec. 4a). Quotas are determined for each State and subdivisions thereof (local board areas), and credits are given in filling such quotas for men in the land and naval forces at the time such quotas and credits are determined (sec. 4b). A "call" is an order made by a Governor upon a local board for the delivery of a specific number of men to an induction station (par. 408), and the men specified in the call shall be selected in sequence of their order numbers, beginning with the smallest order number, except that all Class I-A men so specified who have volunteered for induction shall be selected to fill the call before any man who has not volunteered (par. 416).

2. Volunteers

Within the limits of the quota any person between the ages of 18 and 36 may volunteer for induction, but volunteers must be acceptable to the land or naval forces and their physical and mental fitness must have been satisfactorily determined (sec. 3a). No person who so volunteers will be inducted so long as he is in a deferred classification.

This type of volunteering is for 1 year of training and service, after which the volunteer is placed in a reserve component of the military service, the same as the inductee who elects to wait until his order number is reached in turn (sec. 3b).

Persons may also voluntarily enlist or reenlist through the regular recruiting stations in the Army, Navy, or Marine Corps, including the reserve component, for 3- and 4-year periods in the same way that they could before registration (sec. 14c). When a registrant volunteers in this manner, however, the local board must be notified.

3. Bounties and Substitutes

No bounties shall be paid to induce any person to enlist or be inducted into the land or naval forces of the United States, nor may any person liable for service be permitted to furnish a substitute or obtain his release from training and service or liability therefor by the payment of money or any other consideration (sec. 7).

4. Length and Territorial Boundaries of Service

Inducted men are liable for training and service for a period of 12 consecutive months unless sooner discharged. Whenever Congress declares that the national interest is imperiled, this 12-month period may be extended by the President to such time as may be necessary in the interest of the national defense (sec. 3b). Persons inducted into the land forces of the United States under the act shall not be employed beyond the limits of the Western Hemisphere, except in the Territories and Possessions of the United States, including the Philippine Islands (sec. 3e).

All persons who are inducted into service and who complete the required training period will be transferred to a reserve component

of the armed forces of the United States and will be subject to further training as may be prescribed by law. Those transferred are deemed to be members of the units to which they are transferred until they attain the age of 45 or until the expiration of a period of 10 years after such transfer or until discharged from the reserve unit, whichever occurs first. Any person after training and service for 12 consecutive months can, in time of peace, avoid service in the reserve units by serving thereafter for a period of 2 years either in the Regular Army or in the Active National Guard (sec. 3c).

D. REEMPLOYMENT

1. Right to Reemployment

An employee of the United States Government and of a private employer (subject to change in circumstances (sec. 8b B)) must be restored to his position or to a position of like seniority, status, and pay, provided:

(a) He has left such position (other than a temporary one) to perform his training and service.

(b) He has received a certificate certifying to the satisfactory termination of his services.

(c) He is still qualified to perform the duties of such position. (d) He makes application for reemployment within 40 days after he is relieved from training or service.

Any person so restored to his position shall not lose his seniority and is entitled to participate in insurance and other benefits as though he had been on furlough or leave of absence. An employer cannot without cause discharge such an employee within 1 year after reemployment (secs. 8a, b, c).

These provisions are also applicable to all National Guardsmen mobilized into Federal service, and to all members of any reserve component of land or naval forces who may be ordered to active duty under Public Resolution No. 96, Seventy-sixth Congress (sec. Ed). They do not apply to men who enlist in the Regular Army, nor to flying cadets of the Regular Army.

2. Vacancies

Whenever a vacancy is caused in the employment rolls of any business or industry by reason of the induction of any employee for training and service, such vacancy shall not be filled by any person who is a member of the Communist Party or the German-American Bund (sec. 8i).

3. Remedies

Against a noncomplying employer the employee may bring an action for specific performance in the District Court of the United States, which has the power to require compliance and to assess damages against the employer for any loss of wages or benefits suffered. No fees or court costs will be taxed against the complainant, and he may call upon the United States District Attorney to act as his attorney under certain conditions (sec. 8e).

4. Placement

The Director of Selective Service shall establish a personnel division with adequate facilities to render aid in the replacement in their former positions, or in securing positions for, members of the reserve components of the land and naval forces who have satisfactorily completed any period of active duty and persons who have satisfactorily completed any period of their training and service under the act (sec. 8g).

E. MISCELLANEOUS

1. Powers of the President in General

The President is authorized to prescribe the necessary rules and regulations to carry out the provisions of the act and to create and establish the Selective Service System. He may utilize the services of any or all departments and any or all officers or agents of the United States and may accept the services of all officers and agents of the States, Territories, the District of Columbia, and subdivisions thereof, and may delegate and provide for the delegation of any authority vested in him under the act. In the administration of the act, voluntary services may be accepted (sec. 10).

2. Contracts for Defense Materials

The act contains provisions relating to contracts for products necessary for the national defense (sec. 9). Orders placed for such material must be given preference, and if manufacturers or plant owners refuse to give such preference the President may take immediate possession of the plant and manufacture the required product through the appropriate branch of the Army or Navy, provided that the Government must pay a reasonable price for the goods and supplies and a reasonable rental during the time of its possession of any plant. Failure to comply with the statutory provisions relating to such contracts is a felony, punishable by imprisonment for not more than 3 years and a fine not exceeding $50,000.

3. Penalties

Any violation of the provisions of the act is punishable by imprisonment of not more than 5 years or by a fine not exceeding $10,000 or both. If the offender is subject to military or naval law he may be tried by court martial (sec. 11).

4. Voting

Any inducted person, during his period of training and service, shall be permitted to vote in person or by absentee ballot (sec. 8h), but nothing in this subsection shall be construed to require granting to any such person a leave of absence for longer than 1 day to permit him to vote in person. See page 24 of this manual as to absentee voting in general.

PART IV

THE NATIONAL SERVICE LIFE INSURANCE ACT OF 19401

A. COVERAGE

A person ordered to active service in the armed forces of the United States for a period of more than 30 days as a commissioned officer, warrant officer, member of the enlisted personnel, including persons selected under the Selective Training and Service Act of 1940, a member of the Army Nurse Corps and a member of the Navy Nurse Corps while in such service is eligible to apply for this insurance (sec. 601, 602).

Men presently in service may no longer avail themselves of the privilege of obtaining United States Government life insurance under the provisions of section 300 of the World War Veterans' Act of 1924, as amended (sec. 611), but if such men act promptly they may come under the provision of this act (sec. 602d). World War veterans may still obtain insurance.

2

Any person guilty of mutiny, treason, spying, or desertion or who because of conscientious objections refuses to perform service in or wear the uniform of the land or naval forces of the United States forfeits all rights to this insurance (sec. 612).

No person may carry a combined amount of National Service Life Insurance and United States Government Life Insurance in excess of $10,000 at any one time (sec. 603).

B. THE POLICY

1. The Application for Insurance

The application for insurance must be made in writing within 120 days in the following manner:

(a) Every person who is commissioned and hereafter ordered into, or who is hereafter examined, accepted and enrolled in the active service, and while in such active service makes an application and a payment of premiums will be granted the insurance without further medical examination (sec. 602a).

(b) Any person who is released from active service within 120 days from enrollment will be granted insurance upon application after a subsequent enrollment and before discharge or resignation upon payment of premiums and satisfactory evidence of good health (sec. 602b).

(c) Any person upon reenlistment, reentrance into or reemployment in active service and before discharge or resignation and any

1 See Part I, D. 2, page 19 of this manual.

43 Stat. L. 607, approved June 7, 1924; as amended by the act of June 1, 1937, 50 Stat. L. 241; again amended by Public 866. 76th Cong., approved October 17, 1940.